CASPER — One among a vocal number of local residents opposed to a proposed gravel mining operation at the base of Casper Mountain on state-owned land was shot down Tuesday night when he tried to kill the company’s ability to get a county permit.
Natrona County Planning and Zoning Board rejected the effort by a 4-1 vote, and its recommendation to approve the gravel pit moves on to the Natrona County Board of Commissioners at a future meeting.
The vote followed a public hearing where more than two-dozen people pushed the board to revoke any opportunity for a conditional use permit in the 30-square-mile mountain residential zone. Most referenced the dangers of allowing the permit for Prism Logistics, which hopes to launch gravel mining in an area of the property known as the School Section along Coates Creek Road.
“There is a process for amending the plan, but it seems somewhat restricted or limited in doing it in this method,” said Planning Commissioner Ray Schulte. “I think we are being asked to consider two different things, but only one request is in front of us and that is to prohibit mining in that entire area.”
Under the county’s zoning resolution, amendments can be proposed by the general public provided they follow appropriate criteria, which Casper Mountain resident Gregg Werger did.
Werger told commissioners he believed the designation to allow a conditional use permit in MR1 on a table in the zoning resolution was inserted at the last minute in 2022.
“I believe it was put in there and no one even noticed it,” he said.
Werger also pointed out that mining wasn’t allowed in the mountain residential zone under the previous zoning document that went back to 2000.
Werger said he and others who live in in the mountain zone are not against mining, just not in a zone where residents live and in the area that “leads up to our crown jewel” in Casper Mountain.
Hourlong Hearing
During a more than hourlong public hearing, a parade of residents who live at the base of the mountain spoke in favor of removing the designation to allow a conditional use permit for mineral extraction in the zone.
“Mining is inappropriate for this area due to its mixed residential, accessory agricultural and recreational value and should be prohibited,” said Michael Fernald, secretary of the Casper Mountain Preservation Alliance. “MR1 is for living not digging.”
Casper Mountain rancher Bruce Coates said his ranch has been in business for 105 years and has 14 water rights and shallow wells. He said mining would endanger his water, and he hears the same from other residents with similar concerns.
Coates told the planning and zoning commission he speaks with a lot of the older people who live on Coates Road and the “stress right now is killing them.”
“I’m in favor of getting rid of the (designation to allow mining),” he said.
Prism Logistics Manager Kyle True, who has proposed the mining operation at the base of the mountain, told commissioners that the issue is not about his gravel pit, but about “foothills of Casper Mountain and removing people’s private property rights.”
“I do think it is a private property taking. There are well over a dozen, maybe 15, ranches in this area,” he said. “I’ve spoken to four private property owners who would like our company, Prism Logistics, to come and develop their gravel source when we can.”
True argued not getting a conditional use permit would hurt those residents’ ability to use their land. He also pointed to legislation and regulation by the state that governs land use and said outside of cities it gets harder to “justify zoning.”
The foothills of Casper Mountain are the only remaining source of significant aggregate to meet needs in the community, True said.
Three others also spoke against changing the resolution. One resident who wants to dig a pond said the DEQ told him he needs a conditional use permit and revising the 2022 resolution would prevent that.
Natrona County’s Planning and Zoning Commission weigh whether to amend the county’s 2022 zoning resolution to remove conditional use permit opportunities in the mountain residential one zone (Cowboy State Daily Staff) 
A map from the Natrona County Planning and Zoning office shows the extent of mountain residential zoning in pink that stretches across the base of Casper Mountain. (Cowboy State Daily Staff)
‘Tying Up’ Potential
Planning and Zoning Commission Chairperson Hal Hutchinson said he believed removing the designation allowing a conditional user permit in the MR1 zone would be “tying up a tremendous amount of potential.”
He said he understood the concerns people had about the potential gravel mine.
“I’m not sure throwing the entire 30-square-miles away for one application is where we need to go,” he said.
Hutchinson said the conditional use permit gets the Wyoming DEQ and other agencies such as WYDOT involved to look at potential concerns.
Schulte said he agreed with a resident who spoke during hearing questioning how possible it would be for Prism Logistics to get a conditional use permit given the criteria involved and the environment at the base of Casper Mountain.
“I think that is probably a pretty accurate statement,” he said. “I think it would be very, very difficult to get a CUP approved for mining on Casper Mountain, so I feel like there is that check that is in place.”
Planning Commissioner Chad McNutt said it was difficult for him to consider changing the resolution based on the single issue of the potential gravel pit.
“And that’s what’s been brought up tonight,” he said. “I think we do have a process for the CUP.”
As discussion turned against amending the resolution, Werger, who had earlier reminded the commissioners about the 18,000 signatures gathered on petitions against the gravel mining proposal, spoke out.
“We’re all MR1 people and we’re the ones who want to have it come out, and you are going to have a discussion against this?” he asked.
The board moved forward with the vote, with Hutchinson, McNutt, Schulte and Sabrina Kemper voting against amending the resolution.
Planning Commission Robert Grant voted for it.
“I don’t understand how the (conditional use permit designation) got in the 2022 resolution,” he said. “I don’t think it belongs there.”
Dale Killingbeck can be reached at dale@cowboystatedaily.com.
